Judge Orders DOJ to Release Fast and Furious a List of Documents Withheld From Congress Under Obama Executive Privilege Claim

“This order forces the Obama DOJ, for the first time, to provide a detailed listing of all documents that it has withheld from Congress and the American people for years about the deadly Fast and Furious gun running scandal,” Judicial Watch released in a statement.

The FOIA lawsuit has been ongoing for 16-months and is now proceeding after a lengthy delay. The Justice Department originally asked the court for an indefinite hold on a FOIA request from Judicial Watch, citing executive privilege and an ongoing investigation. That indefinite hold request was shot down more than a year ago.

The documentation DOJ is required to now turn over is a “Vaughn index” of “all requested Fast and Furious materials from a June 2012 Judicial Watch FOIA request.”

A Vaughn index must: (1) identify each document withheld; (2) state the statutory exemption claimed; and (3) explain how disclosure would damage the interests protected by the claimed exemption.” In ordering the DOJ to provide Judicial Watch the Vaughn index, the Court ruled, “In this circuit, when an agency is withholding documents under exemption claims, courts require that the agency provide a Vaughn index so that the FOIA requester – at a distinct informational disadvantage – may test the agency’s claims.”